Home > FAQ > Property Law FAQ's > Law Of Property Act 1925 Section 146

If a landlord wishes to commence forfeiture or re-entry proceedings against a residential leaseholder following a breach of a lease, then they must issue a Section 146 Notice under the Law of Property Act 1925.

A Section 146 Notice can be issued for any breach other than non-payment of rent.

A Section 146 Notice must specify the breach and, if it is capable of remediation, require the tenant to remedy it. Whether remediation is possible or not, the notice will also require the leaseholder to compensate the landlord.

The leaseholder will be given a reasonable amount of time to remedy the breach if it is capable of remedy. 

The landlord cannot take legal action until this reasonable period of time has elapsed. What is considered reasonable depends on the circumstances of each individual case. There is no requirement for the notice to specify what the remedy needs to be.

If the breach remains unremedied and a reasonable period of time has elapsed, a landlord can proceed to forfeit the lease. Usually, this is done via service of a claim for possession rather than physical re-entry of the property.

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